[20180905]LSB10119_更新日期：又是似曾相识：各州重新对ACA的个人授权提出宪法挑战.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i UPDATED: Dj Vu All Over Again: States Renew Constitutional Challenge to the ACAs Individual Mandate Updated September 5, 2018 UPDATE: Oral arguments in this case are scheduled for September 5, 2018, in the U.S. District Court for the Northern District of Texas. Parties before the court include the state plaintiffs, the U.S. Department of Justice (DOJ) as defendants, and a different group of states as intervenors. The intervening states are arguing in favor of preserving the individual mandate and the rest of the ACA. In a June 7, 2018, filing, DOJ stated that it would not defend the constitutionality of the individual mandate. DOJ further asserted that certain ACA insurance provisions should be struck along with the individual mandate, but that the remainder of the ACA should remain intact. On February 26, 2018, a collection of attorneys general and governors from twenty states filed a federal lawsuit in Texas v. United States, arguing that Congress lacks the authority to impose an “individual mandate” to purchase health insurance. A well-known provision of the Patient Protection and Affordabl